Does the question of whether a defendant knowingly and voluntarily entered into a guilty plea need to be reviewed de novo by a federal habeas court?
MultiRegion, United States of America
The following excerpt is from McConner v. Meyers, 979 F.2d 855 (9th Cir. 1992):
The question of whether a defendant knowingly and voluntarily entered into a guilty plea is reviewed de novo by a federal habeas court. Marshall v. Lonberger, 459 U.S. 422, 435-38 (1983). A state court's determination of the underlying facts of such a claim are entitled to a presumption of correctness under 28 U.S.C. 2254(d). Id.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Can a federal habeas court review a claim made by a state court against a federal defendant? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
How have federal appeals courts reviewed state court rulings in the context of federal habeas proceedings? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
Is a federal district court's failure to provide a defendant an opportunity to be heard before answering questions from the jury reviewed de novo? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
Is a federal district court's imposition of consecutive sentences for a defendant who pleaded guilty to a charge of aggravated assault violate the federal sentencing code of conduct? (MultiRegion, United States of America)
